How to Sue Accounting for Not Filing Taxes
Businesses and individuals hire accountants to handle their financial affairs. Often, accountants are employed to file taxes on behalf of their client. Failure to file taxes often results in fines and penalties. If your accountant failed to file your taxes, and at least one of his duties was to file those taxes, you may have a legal claim against him. As with any lawsuit, suing your accountant begins by filing a complaint in court.
Instructions
- 1
Review the contract or services agreement between you and your account. Check to make sure that part of the agreement was for your accountant to file your taxes. This will make it easier to prove that your accountant owed you a duty to file taxes on your behalf.
2Gather documents showing the damage you suffered as a result of the accountant failing to file taxes on time. Include notices sent by the IRS or state tax department and billing statements showing what you paid in fines and costs.
3Draft a complaint alleging your account committed malpractice. Use numbered paragraphs and include one fact per paragraph that proves your claim. You must allege and prove four things: that your accountant owed you a duty to file taxes, that your accountant failed to file taxes, that you suffered damage due to your accountant's actions, and that had the accountant filed the taxes on time, you would not have suffered the injury.
4File the complaint in your local county civil court. Hire the court or a local process server in your area to deliver a copy of the complaint and the summons form to the accountant you are suing. The court clerk will provide you with the summons form when you file the complaint.
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